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The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. Example. In Attorney General v Blake, [25] an English court found itself faced with the following claim. The ...
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution. Content [ edit ]
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
A former Fresno IRS employee who also worked as a private tax preparer was sentenced Thursday for 13 felonies related to identity theft and wire and tax fraud.
The lead prosecutor in the felony criminal case against former Columbus Zoo and Aquarium CEO Tom Stalf says the former executive's current employer, a major zoo sponsor and donor, has paid the ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Where there is a "total failure of consideration" the claimant can seek restitution of the benefit by bringing an action in unjust enrichment against the defendant. Historically speaking, this was as a quasi-contractual claim known as an action for money had and received to the plaintiff's use for a consideration that wholly failed.
It is subject to several qualifications. In such cases, the claimant may still be entitled to restitution. Examples include: Where, properly construed, the benefit received by the defendant did not form part of the bargained-for counter-performance; Where the claimant has only received an "incidental" benefit; [41]